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CORRUPTION - A Study of its Origins, its Audit and its Causes Nowadays


Author: Lia Pantoja Milhomens




- Preliminary Considerations
- The two concepts of corruption
- Late detection of corruption
- Communication with the voter’s candidate
- Development of the Third Sector
- Internet and Exercise of the Citizenship
- Guardianship Council of the Third Sector


- The “Civic Animal”
- Industrial Revolution and Relativity
- The Modern State and the Leviathan


- Concept of Corruption of Public Officer in the Brazilian Law
- Corruption and Imperfection of the Human Being
- Control in an Indirect Democracy
- There is personal corruption in the Direct Democracy, but is easier to control it
- Possibility or not of return to the Direct Democracy
- See More About the Subject





                                              Democracy in Ancient  Greece - the democracy in old Greece, that was its birthplace, notably the democracy of  Pericles, in Athens , was direct, that is, in which all the citizens could participate directly in the process of taking  decisions, not having representation for suffrage next to the public administration (councilmen, deputies ,members of the parliament  and senators).The  control and accompaniment of the  government politics  and the behavior of the civil servants  were made by a very peculiar mechanism, the Buleh, or Advice of the Five Hundred, that  demonstrated  itself very efficient - did not keep to similarity and purpose with our current Parliament. The Buleh was the meeting in public square, the Agora, many  times in  the year, composed  of almost all the population with age and experience necessary to the politician  treatment  (therefore five hundred) to follow the execution of the programs, to charge and to control  the activities of the administrators, with the power to vote the destitution from whom that deviated their  activities on  the public interest, in favor of  their  personal interests, for corruption, therefore. Or, still, that ones who nothing carried through, led or not for the corruption, but for the simple ineptitude.


                                                Complexity of work relations - the complexity of  work  relations  and the proper system of life of the modern man, in the agglomeration  of the great cities in what  the old village had been  transformed , since  the industrial revolution, in capitalist, or  communist or authoritarian systems, does not allow the individual, generically, the full exercise of his citizenship. That is, the citizen can not to be anymore the political man, the civic man related for Aristotle, with enough time for the constant accompaniment of the politics, through meetings and colloquies with other individuals, the continuous audit of the fulfillment of campaign promises, as it happened in ancient Greece. Most of the times the individual  not even have  heard to speak about  the candidate in which  he  finishes  voting, due  the fault of to another option, amongst those ones  that  appear in obligator electoral programs or that  are praised by people or entities financed for economic sectors that support  them, of course, and that  have personal interest in their  election with the purpose  to have later attended  their   lawsuits, many times in contrary  to the interest of the proper citizen that gave them his  vote  and also   of the public interest.

                                                The human being did not have lost its nature. But social relations, from the industrial revolution and the globalization, have lost the simplicity and are suffocating the individual, perplexed face a situation outside its control. This overwhelming of   humane social nature sooner or later may cause an aggressiveness reaction: the passivity now existing is similar, using another example from nature, the retreat of the sea, accumulating energy for the flowering of a "tsunami".


                                               The majority of studious in politic sciences uses to divide the study of the corruption in  “corruption of government” and “personal corruption”.

                                                In this work we  intend to examine the “personal corruption” as  it is  present nowadays, as well as to  search an efficient control  form of the politicians’ activities , centered in the  civil society independent  of public agencies, more specifically  the  not governmental organizations components of the Third Sector, excluded the ones that have in its administration or politicians or their  relatives until the third degree, or those financed exclusively by  agencies of direct or indirect  public  administration , which of certain keep bonds of dependence with the public power, or still, exclusively financed for a company or enterprise conglomerate of the private sector, with purposes that enclose sectors of its personal interest.




                                               In the most of  the times, the  great extent of the  public agencies charged  of the control and punishment of  politicians only have notice of the deviants acts of  politic behavior or same of corruption when it is already  very late for correct  them through the administrative and judiciary state agencies. And that ones are not sufficiently prepared for the sudden state of desegregation of values and standards of the politic classes in the states of the modern world. On the other hand, the machine of the State, generally complex and bureaucratic, to whom  charges the control  and verification of deviant acts, does not possess the enough celerity  for the detection and correction of the  corruptor’s activities  (active corruption) and of the corrupted one (passive corruption) before already they have assumed dangerous ratios for the social stability. And, therefore, to a great extent, leave unharmed corruptors and corrupted, that, of as much habit to practice these illicit ones, without the correspondent  punishment, lose the notion of the ethics, of the social standards and  of the limits, and reach  to believe exactly to be acting inside of most absolute normality, behaving, in the most of  the times, as victims of rude  executioners and raising each time plus their  arrogance, therefore, at this time, , somebody it does not exist  somebody that can  puts to them charge to deviants acts or  dismisses  them  from the  positions that they occupy.

                                               And if the state machine does not obtain to follow the changes of standard appeared with the event of the globalization and of the industrial revolution, establishing the necessary ethical ways for the social stability, it fits to the people, who already feels the consequences of these historical facts in adversities to its welfare, to hold that function, directly. If the politics  class does not obtain to find its North, in this confusion of events, the aid to the Government in the solution of these impasses, in the scope to  this power continues  efficiently managing the public good, must appear from  the proper society, the greater  interested , after all.




ELECTIONS: Everything that the candidate needs to know to elect itself


                                               The direct communication between the citizen and his  representative politician (that one to who he  destined his  vote in the ballot-boxes), after that one  take office , is every  more approached to  the impossibility, because, beyond not knowing him  personally and nor always to have information detailed on his  personality, on  his former life and on his capacity for the position, the proper approach with him   becomes then full of obstacles and complexities that inhibit the individual civic performance. Without the time to inform himself about this and without conditions to come close his representatives, the individual changes himself, in the modern state, on simple propeller element of an administrative machine that does not reach public welfare waited for him.And, without capacity of performance, relegated to the state of mere spectator and victim of actions of this proper government that he aided to install. This segregation of the individual can take  one of  two social phenomena: the increasing indignation  of the individuals, whose consequences we  cannot foresee, or the reaction of the society in the direction to form  pacific conglomerated  of people that can act effectively in benefit of the collectivity , however presenting claims, however acting where the government  demonstrate not  to be  capable. Now, at the  XXI  century   , this second  phenomenon  is being   intensified  on all the world   in a  uniform way, in the reason of  the characteristics of the economy globalization  and the  event of the  easiness of communication through  the  world wide web (Internet) phenomenon this known as Third Sector.




                                               On the intricate meanders of today's social relations the citizens do not possess, individually, conditions to make head against the influence and power of the great enterprise organizations, of the commerce and industry. These ones, in the quality of legal entities, have one situation that confers them certain degree of impersonality, giving   everybody the risk  of confusing their  private interest with the public interest. And yet because of this appearance, they  have much facility in contacts with politicians where  they may  influence  or confuse  the governmental sector, while many  sectors of the society, unproved of the economic power, not yet congregated  as  “not governmental organization”, do not enjoy that same  privilege .

                                               The Third Sector, natural politics phenomenon, who took enormous implements from the second half of century XX, organizing itself, in all the national states and supranational organisms, appeared spontaneously from the midst of the proper society, to supply omissions of the governments, or to complement its activities, where these do not obtain to reach. This experience, new and modern, already is regulated on the part of the constituted authorities also in Brazil, which recognize their utility and necessity in face of the great challenges of modernity. These organizations, with social and not lucrative purposes, need credibility, to become centers of social   performance, as much next to the governments as the public.

                                               The Not Governmental Organizations are representative of determined social sectors or of its intellectuality. They have, in the quality of legal entity , the access facilitated to the means  detainees of the public power, and conditions of dialogue with its representatives, because  they have as much as those,  as characteristic, the impersonality of the  interest. They profess the citizenship as premise of their existence and purpose - they substitute, thus, in this particular one, the individual, that already does not find form to follow and to influence, for his singular vote, and himself individually, the evolution of the politician events of the administration, since the choice of candidates to elective offices, until the control of the execution of the government plans and the fulfillment of the campaign promises.


                                               The main beddings to choose the Third Sector as fiscalizador of the politic activities are the following ones:

                                                a) Origin of the ONGs – save the rare  exceptions, the not governmental organizations appear spontaneously from midst of  the civil society with sight to the public interest, for initiative of people interested in deciding problems of the collectivity , without purpose of profit or  politician-partisan envolvement.

                                                b) Founders of the ONGs – save easily detectable exceptions, the founders of the organizations of the Third Sector keep in themselves a innate leadership, directed for public welfare,   in bigger or lesser scope of activities, but always without lucrative purpose, and get the congregation for their diverse objectives the contribution of the social body integrants, consisting in a source of irradiation of the common good.

                                               c) Participants of the ONGs - the ones that adhere to the not governmental organizations in general have availability of time and direct experience with the people, especially the parts less portioned of politic favors, with which manifest great empathy, at the same time where they have penetration in determined capable public and private sectors capable to supply economic resources to   projects and material goods to achieve its objectives.  




                                               Currently we do not possess the Agora, but we possess the Internet, that has a world-wide scope, very bigger of that one, whose scope only was summarized to each city-state where it belonged. The mobilization of the citizens in both cases, however, is very similar. If   in old Greece the city-states and the respective populations were so small that some few heralds obtained the popular mobilization in little time, in the modern State the extraordinary speed and easiness of intercommunication for the Internet produces the same effect in question of few hours, at national or worldwide level, even thouth the individual are in his work, or in his residence, or in his leisure hours. There not having the necessity of the physical presence of the citizen on r the Internet intercommunication, the inconveniences of his transportation do not exist.

                                               Our Agora of XXI century is the Internet, the most advanced human being conquest of modern social communication science. It is there, ready , waiting  us to  direct our activities politics for it; it lacks, only, that organizer  and coordinator  being to this individual  politics activity , inherent to the nature human being, therefore, without a centraliser and catalyser, the opinions given for the citizens individually, will be dispersed and without real effectiveness.

                                   We already possess one Third Sector florescent in all countries of the world, consisting of not governmental organisms, without lucrative purpose, only with the look of to fight for putting into effect the social welfare, in last analysis, the public interest.

                                               Possible, through communication via the Internet is even a review on the life history of those who present  themselves to the various candidacies , the time to ensure that disqualified persons can reach the power and take ownership for the performance of their particular interests or  business conglomerates that  finance them.




                                               The Third Sector is booming in all countries of the world, comprising non-governmental, non-profit organisms, with the aim to fight for the realization of social welfare, ultimately, the public interest. It is true that exists a portion of those institutions that must be extirpated or suffer a major reshuffle in its structure, through effective regulation of the sector. But all movements at the beginning show few flaws that little by little are corrected. Notably a habit that is installing, that is the financing of NGOs with public money, should be revised - this is contrary to its legal nature and purpose of its creation and may in the future to have become another kind of offices, distort the foundations of its existence.

                                               The Third Sector, who already represent diversified sectors of the society, cannot be confused with the public administration: it is formed by citizens who, to the similarity of the components of ancient Buleh, possess acuity and experience of citizenship enough to understand the public conveniences, and to inspect the politician-administrative performance of the mandataries of the government, also of the Legislative. Even because they are next to the population and with interact directly and constantly with it.

                                                 Our proposal is to offer the idea of creation of a Guardianship Council of the Third Sector, whose parts are   the not governmental organisms indicated by co-sisters and that be the most representative of the social-politics performance in favor of the public interest, everything with the accompaniment and inspection purpose of the individual activity of the representatives of people, in the three spheres of the public administration (where have municipalism, as in Brazil). The legal bedding for this proposal is the proper civic law of the human being organized in society exactly for the achievement of the public benefit, to make to be valid their condition of addressee of the politics activity - without people, nation does not exist and, without nation, it does not exist the state.

                                               At first place,  would be hindered to vote in the indication and of participation  of the Advice those ONGS where politicians , public servants or their  relatives, until the third degree of consanguinity, were part of their  administration; and  those ones  dependents exclusively of public amounts  to maintain themselves; and  still those ones   kept exclusively to take care  to particular or fiscal interests of private companies or those raised  and managed by the proper public agencies,of any under state control , executive, legislative and judiciary, federal, states and local governments.


THE “CIVIC ANIMAL”                                                                    


                                   The human being, as composer element of the population, is essential to the existence of a nation and, consequently, inalienable component of the state, and, for in such a way, needing to exert his citizenship. It is sure that the man, still in century XXI, is naturally made for the politics society, as Aristotle defined it so well. The difference between   the time of that great philosopher and our present time is only the biggest complexity of the  politic relations  of human beings, in reason of  the complexity of the state machine and the excessive  population , factors  that cause obstacles to the full exercise of the citizenship, having necessity not only to remodel the institutions purely and simply  alredy existing politics institutions , but also to  create new mechanisms, more powerful and includents ,of a politic  control through  the society.



                                   By the way, the explanation of Aristotle:



                                                           The society that is formed by the meeting of some villages, constitutes the City that has the capacity of  supplying itself, being organized not only conserving its existence, but still looking the welfare. This society is then, it also, inside the principles established for the nature, as all the other elements that compose it.Well, the nature of any thing is necessarily its end. Thus, when a being is perfect, of any species that it is - man, horse, family -, one says that it is in the nature. On the other hand, the thing that, for the same reason, exceeds the others and approaches more the proposed goal must be seen as the best. The goal to which is proposed   all production of the nature is to be self sufficient and this state is also the most perfect one. It is also evident that all City is part of the nature, and that the man of course was created for the politic society. That one, who, because of his natural one, and not for pure chance, would exist without any native land, would be a detestble individual very below or very above the man, according to Homero:

                                                                        Somebody without home, family and law.

                                                           One that was thus for his nature would not breathe otherwise the war, not being contained for any brake, and, as a robbery bird, he would be always ready to charge himself on the others.

                                                            The man is also a civic animal, more social than the bees and other animals that live together.” (In “La Politique”, Aristote, Editions Gonthier, p.15-16).


                                               Rousseau, on the other hand, understands it has existed a social contract so that familiarity norms were established among the men for attainment of mutual protection and collective welfare, from where the politic rights would have appeared, necessary to the organized state.

                                                Any way, what exists currently is the incapacity of the citizen, with the system of the indirect democracy for suffrage, to have sufficient knowledge on the former life of its representatives, giving them, thus, with his vote, a true blank power, having we in account that, after   elected, the candidate does not hold on to the campaign promises nor fulfills the goals for which he was elected. And  the citizen, wrapped in  the complexity of  modern life on  world,  see himself  in the contingency of  to outdate  from his social nature, because,  against its will. Because of circumstances against which he cannot, individually, to oppose resistance, or because of the unfamiliarity of the facts, or because of lack of time, he accepts the version that politicians give them about the facts without a more detailed analysis. And his fellows are in the same situation, lasting a few or none communication among them.


                                                 From the industrial revolution the old corporations and  the trade  associations  initiated  in the Average Age had been extinguished, that  had force enough to impose its claims in view of the  sovereigns, had intended to be substituted  by labor  unions. They had not demonstrated capable themselves enough to maintain an efficient dialogue with the Public Power in favor of the interest and social welfare, having them been force substituted by the great conglomerates of the industry and commerce, to the detriment of the other sectors of the society without representative agencies that can, in equality of conditions, to keep direct dialogue with the politicians and the centers of power. These enterprise conglomerates become at last more and more multinationals. It occurs the phenomenon of  Relativity, where  the  personal interest, because of  great  dimension of the market where they operate, makes them to confuse its particular, primordial interest, aiming at or to the profit (in the capitalism) or to the maintenance of its power to decide  and supremacy of class (in the  communism and authoritarian regimes), with the public interest - and in this race for earning  the competition and the eagerness to get bigger profits and advantages each time to be able to keep its mega-structures and its power in the midst  of the society, they act next to the politicians, however pressuring them, however corrupting them, what it harms the public interest in the modern state.

                                               As a weakening effect of citizen ties    that normally fasten the components of a same society, the relativism appears then. It is a  concept so known of us - the  man, closing himself each time more in  himself , loses the notion of the social and, opposing his  nature, lives with particular concepts on the subjects most immediate on its subsistence, ignoring that the destination of the all social one is essentially important till where  keeps his  “status quo” . And ahead of politic scandals and shunting lines of public interest programs does not know anymore to adjust himself politically in his context.


                                                The  politic organization , not only in Brazil, needs, yes,  the establishment of new standards, and not of reforming  that  existing ones: the great development of technological sciences and the enormous  industrial progress occurred  from the end of century XIX had established new modalities of behavior in  particular sectors, now achieve at  a “status” macro, in the interior of each state, that  suffer influences from beyond  borders, through the phenomenon of the economic globalization.

                                               We are, therefore, favorable to a taking of conscience that is necessary establishment of new politic standards that can to detain the progress of the social relativism. This philosophy   will only be able to flow, in next future, in a social anomie, with a state of belligerence as the existing   at the time before the social contract. That is, absence of norms and rules of organization capable to absorb relations of the scientific and industrial development, turning it the private justice and increasing the aggressiveness, lead-in all a social chaos, without forecast of degree or duration.


                                                Reading “The Leviathan" of Hobbes, where he examines the Commonwealth in the light of social relations, in a philosophical rationalist perspective, we see that already in the XII century is understood that the State was created with the goal of achieving human happiness. The rights and obligations as imposed from the beginning to the citizens were able to reach a near perfection, even with all its defects. Although the accumulation of power makes the state a monstrous figure, he believes that his sudden death would be the greatest of evils to civil society, and worse than that, his death would be violent.

                                                The state’s machine, in all the countries, became complex and morose , does not  developed itself :  it only grew but it was not adaptated  to the new realities - perhaps we are exactly  under the sign of the “Leviathan” in degeneration, the Biblical monster which compared Hobbes the government  to  that    submit themselves the men:


Artistic conceptualization by Hobbes, of the artificial being called "Leviathan", the object of his famous book, which illustrates. This is the body be composed of the citizens it represents. Thence all the heads that appears stacked from inside your skin.


                                      “ I displayed until  here about  the man’s nature (whose pride and other passions had compelled him  to submit it the government), jointly  the great power of its   governor, which I compared with the Leviathan, taking off  this comparison from  the two last versicles of chapter 41 from  Jo, where God, after to have established the great power of the Leviathan , called it King  of the Superbs  . There is nothing in the Earth, He said, who can compare to it. It is made in way never to have fear. It sees all the things below it, and it is the King of all the Sons of the Superb. But because it is  mortal, and subject to the degeneration, in a similar way   the other terrestrial  creatures, and because  something exists in the sky (even so not in the Earth ) whose from what  it must be  fear, and whose law  it must obey, I will  speak in the following chapter of its illnesses, and the causes of its mortality; and about  which  nature laws it have to obey.” {In “Leviathan” or Substance, Form and Power of an Ecclesiastical and Civil State, Hobbes, trad. for the Portuguese by  João Pablo Monteiro and Maria Beatriz Nizza Da Silva, Ed. Victor Civita, 1ª.ed., 1974, chapter XXVIII (in finish)}.


                                                Jorge Forbes, brazilian  psychoanalyst, participating on  the program “Panel”, of the  Brazilian TV  News in June of year  2007, joint  other studious of the phenomenon of current politician, said  this phenomenon of scandals in the machine of the government, in Brazil, is not  our privilege , therefore in other national states it  also occurs, in greater or minor degree. And in fact we have found that, from them, through countless facts reported, both in the United States, as in Europe, Asia and Africa.


                                                We would be, according to it, passing from one era to another one, where the old standards of behavior and values already do not take care of more to the necessities of the society, but that this one does not yet   have found the news ones, that will have to be taken in account parameters already global, where the politic representation must be reviewed. The current one, established in the leadership, is already demonstrating itself fragile, unhealthy, devastated with   the yielding of   the individuals involved with politic power,   incapable to be able to provide for the height of the current demands. And cited Pope Bentus XVI, has called much well the attention so that we fight against the relativity of the world, consequence of the loss of standards.
                                   In any way, in this intemediary period of the age that ends to that one is approaching, is necessary a bridge so that the passage can be made with relative tranquillity, to prevent greaters damages to the coming generations: for in such a way we understand that the Third Sector can be organized of form to sow the embryo of one future form of government that takes care the necessary organization of a society with raised level of technological and social development.


                                                 The corruption is a fact that demands a relation between two agents to be practised, one in each polar region: in the active polar region, the corruptor, which  one that  offers or  promises improper advantage to a public officer to determine him  to practise , to omit or to delay act under  his jurisdiction , and, in the  passive, the corrupted one, the public officer that accepts  this offers or  requests   it, for himself  or othernone, in reason of his  function, directly or indirectly, in  despite he is out of it or before do assume it.  

                                                The Brazilian laws  consider the corruption a crime and the Criminal Code classifies it as crime against the public administration, separating that one contained in one of the polar regions of the other: the passive corruption, or from who receives the advantage improper is inserted in article 317, classified as crime practised for public officer against the administration in general. The active corruption, or of who offers or promises the improper advantage is inserted in article 333, classified as crime practised for particular against the administration in general.

                                                An interesting aspect for the characterization of this crime is that, to have the crime of passive corruption, always it is necessary to have corruptor(s) and one corrupted, here it is that if the public officer does not accept the offer nor asks for it, he does not practise the crime. But this does not harm the existence of the active corruption. To the active corruption exists it is not necessary that exists the corrupted, is enough that the offer or the promise    of the improper advantage has been made, even though exactly not accepted.




                                                 Raymond Aron, analyzing the corruption in constitucional pluralist regimes, also called democratic, where there is a permanent conflict of ideas and interests, of groups and persons, affirms that is very difficult in the practice, the people who represent each one of these groups have the capacity to be well conscientious, at the same time, on the distinction among   the particular interests of each one and the collective interest that they must to serve. And, thus, the distinction between healthy and corrupted regimes   is only one question of gradation.

                                                He distinguishes between corruption from the regimen and personal corruption. At this time we will be relating the personal corruption, that is practised by the “council man of the prince”, or public officer, that functions in the following way: all politics hold problems to decide and the decisions must result of an analysis of the situation, that does not obtain an imperative solution, but indicate a more favorable aiming. Therefore each one of the directions holds advantages and disadvantages more favorable. This direction must be indicated by “those ones that are in charge saying to  the politicians: here  is the solutions of the problem“ and then still fit to the politician one another duty here, that one of  to congregate around this more favorable solution a parliamentary majority. And in this conflict of interests is that it appears the chances of the personal corruption.

                                                  Ronald Dworkin, analyzing ethical politics and political  equalitarism under a  point of  ethical   liberal vision , as it is known by  politic  theory  of  contractualist tradition, invoking arguments of Rawls on justice social, also indicates difficulty of the  negotiator (or politician), that for this theory  has the duty of  moving for the proper interests (or of those ones that he  represents), placing  them over  the collective interest and then can act without abiding  this notion of justice, even because he  has as objective  to obtain  for the sector that he  represents the greater  possible majority. In this confusion of decisions is that the privileges and the corruption are developed.

                                                 Stephen Kanitz, at his it’s turn, analyzes:

                                                 “Brazil is not an intrinsically corrupt country. There exist nothing in the Brazilian genes that it premakes them to use the corruption, inherited, for example, of exiled Portugueses.

                                                 Australia, that was criminal colony of the British Empire, does not possess superior rates of corruption to the ones of other nations, for the the opposite. Brazilian we are not nor do neither more nor less corrupt than the Japanese, which to each pair of years have a minister which resigns because of denunciations of corruption.”


                                                “We are, yes, a country where the corruption, private or public, are only detected when it arrives the dollar millions and because a brother, a son-in-law, a journalist or somebody opened the mouth out, not   through a systematic process of auditorship. The nations with lesser index of corruption are the ones that possess the biggest number of auditors and formed and trained inspectors. The Denmark and Holland possess 100 auditors for 100.000 inhabitants. In the countries effectively audited, the corruption is detected at its origins or when it is still small. Brazil, country with one of the most raised corruption indices, according to World Economic Forum, only has eight auditors for 100.000 inhabitants, 12,800 auditors in the total. If we want the same levels of smoothness of the Denmark and Holland we will need to form and to train 160,000 auditors.”

                                               From  all these analyses we can understand that the personal corruption, as well as the corruption of   regimen , is not inherent to the imperfect nature of the  individual human  , but can appear in determined person in reason of  his own grade of  human  imperfection . That happens when an individual, confronted to its personal interests or ones  of the group  to that  he   belongs, is incapacitated to distinguish between what  is of private interest and what is of collective interest. So  he   let himself to be overcame by  the confusion of the political  relations,  and looks for to follow the solution that he understands to be more easy for himself on  the social context to  that he belongs, looking for to create for himself or his  represented ones, situations of political  privileges .For in such he uses  every ways  to  get majority for his  decisions and to remain in the public service . It is then that, without perceiving he is initiating himself in practical of the corruption, he arrives to the point of not more to perceive the difference between a healthy political activity and a corrupt political activity.  It is then that, in certain cases, because of the quantitative scheduling of partisans and thus involved political parties, he can to harm the proper governability or public administration, in minor or greater degree.

As if we  can conclude of the reading of the works  of these three great thinkers of the present time, the  corruption is  a world-wide phenomenon - what  differs, among the  political  regimens , or  in Capitalist regimen, or in  Communism ,  is the degree where it is infiltrated, and if it already reached one high degree of public officers, politicians and political parties, or if it is incipient. And for each case there is being indicated a solution. But all and any solution always will incorporate, necessarily, an efficient fiscalization.






                                               Corruption is present, currently as one of the most serious defects resulting from disruption of the state administrative machinery, but, like Hobbes, we also believe that the case is to create mechanisms of control, with reasonable reduction of the problem and that must be happened   to be avoiding damage to the institution of the State itself.

                                               Corruption is a worldwide phenomenon. Therefore, all governments of the world need to take measures of their self. Moreover, the humanity was included with the Internet, a mechanism capable of producing information worldwide, almost instant, as to any irregularity in any place. And the authorities could use this facility for an inspection, as well as civil society, sharing data and making them available.

                                                All the existing democracies in the modern world are indirect and pluralist, that is, the citizens are represented by individuals that are chosen by suffrage to defend their interests next to the public administration, individuals these that are part of political parties, entities congregated for community interest, having to represent the solutions who the various sectors of a society understand to be better for public welfare, above the particular interests.

                                                But, with elapsing of the time, as much in the Europe, as in the United States and Latin America, the representative democracy is come close demonstrating weak points, with breaches that can lead to the authoritarianism, the demagogy and the corruption, mining the public interest. In greater or minor degree, in determined subjects, or in general.

                                               The  found  solution for the countries where lesser corruption rates  occur it was not specifically the greater or lesser punshability, but an efficient control  that can indicate possible focus of its occurrence before it’s  put into effect  and that its harmful effect  materialize.




                                               Solon and Pericles, in Old Greece, had idealized the democracy. In Athens governed by Pericles, it was implanted and exerted in fullness, have being a victorious experience. It was the called direct democracy, in century V before Christ. It  was  magnificent (because it did not present defects) and did not only last more, because that city was invaded by Sparta, that destroyed it  and decimated the population, destroying  a  dream materialized  in that small republic,in reason of disputes for hegemony, constants among  the Greek kingdoms of the ancient times. But there had enough time so that it was proven the Excellency of the regimen of government and the supremacy of the society that congregates its citizens to decide on the public interest, serving of successful example for our current civilization.

                                               As well as in the modern democracies, in the direct democracy of Athens also there was corruption - the human being, also in that time, was imperfect and hostage of interest conflicts. But the direct democracy had a system where there was simultaneous occurency of election administration and effective control perfectly adjusted to badly. prevent and to restrain the roots of this.



                                               Brazil already had its experience of direct democracy with the Constitution of 1888.

                                               Edson Carvalho Vidigal, folloied by other great jurists, understands that there is possibility and convenience of the return to the direct democracy, having the actual use of the easier way of vote:  the electronic vote.

                                               But there are difficulties in returning nowadays to the direct democracy. The direct democracy implies individual participation on   political decisions to be taken, without suffrage or representation. And for that constant activity the individual must have too many knowledge about the country, the society and its problems and ocacional solutions. At the time of Pericles, this was possible because the population was small fit all in the Agora, a great square the open sky and, at the most, the administration of the state, the relations of the intern society and outward and the economy were relativly simple. But, even though with a small population it was not everybody that had the right to the vote exercise – only those ones considered capable in reason of their knowledge and moral and phisic maturity composed the Buleh and voted at the Agora.

                                               Two main organisms that were regated in the Agora:

                                               a)  the “Eclesia”, where persons only could exert the vote if they were  free citizens (therefore there was the  slavery) older than  30 years and the ones that  were not cowards;                             b)  the “Buleh”, or Senate or Advice of the Five Hundred, composed  for 500 members, elect directly for popular vote, with mandate of 1 year, which, beyond elaborating the law projects whom  would be voted by the Eclesia, that had the function to control  if the governing were, effectively, fulfilling the laws voted - and they could dismiss those that were not fulfilling their  obligation. There were “Bulehs” that congregated 40 times per year more than. This was really very efficient, therefore there was a constant popular control of the government goals fulfillment, step by step.

                                               Nowadays  it is very difficult  every valid mental, moral valid  member  of a  nation to have  the necessary knowledge that make them  efficient in that political function  as the ancient Athenians, not only because of the enormous size of the moderns states and the complexity of the administration and economy, and internal and outwards social  relationships, but too because they do not have time  to  obtain the necessary  knowledge to the plein exercise of their citizenship, in reason of  their own private life  complexity.

                                               The Athenians had their  “Agora” and we possess our “Internet” - the first one was great sufficient to hold five hundred people of the “Buleh” and almost all the population, in the “Eclesia”, and the second, enough one to even hold the population all of one  State and of the world at  all. Parallels between the two ones really exist.

                                               Yes, with reason there is a  parallel between the “Agora” and the “Intenet” - but this parallel  only can make   in what it says respect to the rapidity of invocation and presentation of people and the immediate exchange of information and opinions among  all the social classes  and of individual for individual sharely.

                                                But the quality of decisions is a point that we cannot consider parallel between the “Agora” and the “Internet”, having in sight the complexity of the political subjects, the territorial extension and the enormous population of the modern States and the diversity of degrees of instruction of the people. In addition, the “free man” of Greece was not imprisoned, as nowadays at professional ties, and they  could  consecrate all  time for  necessary  reflections, analyses and quarrels politics , what , currently,  in reason of the  complexity of the relations of work and social obligations  we cannot  anymore do .

                                               Other argument in contrary to the direct democracy nowadays is that on the   ancient times when it was victorious, there was not that situation of conflict on the   relation between the individual and the State that today we witness. Therefore in old Greece the citizen prized his democracy in relation to the good that it longed for and that the State effectively granted to him, inexisting something like this actual conflict of interests between de private and the collective. It was a life where the citizen concept was  materialized , given all  interest very directed toward the public thing, not having the necessity of( in contrast  as it happens currently) a   bigger devotion  to   one  particular life, what in it makes  the  need  or a  represent, that, these yes, must be dedicated entirely to the public thing, in reason of  the proper definition of this institution  and the law tha regulates  the subject.

                                               The electronic vote and the Internet ,  on  service to  the florescent Third Sector  with a good regulation, specially in Brazil, will be, certainly a very efficient way of  control  of the public administration,  not only  in cases of  corruption. The excepcional mobilzation  and penetration of  Internet  even in places very remotes,  with  de congregation that the  not governamental organisms represent can make   to emerge the  hibernating  individual citizenship with  the som of the general  enthysiasm and act as if people were in clubs  or schools of citizenship  making emerge  that  natural  human condition.

                                               In future, the Third Sector, properly regulated, bringing together people in clubs or institutes of applied social studies and other non-governmental organizations for the welfare of the community, in possession of two major elements that the science of XXI century puts in the hands (the electronic vote and the internet),  can represent a new formula for the exercise of citizenship. Formula which will facilitate further the choice of representatives within the community, among individuals known personally, and therefore more easily enforceable, modernizing our democracy.

                                               This is our contribution to a reasonable analysis of the causes of human corruption and a suggestion for the exercise of its supervisory. As we have said upper, we understand, with Aristotle, as he already  taught us  long ago, that the man is an civil animal, and he cannot  remaining  during a very large space of   time without to return to his  real and natural condition -  there will be always an exit, a new idea to resolve the problem that  prevents its  unbutton.



Aristotle, in La Politique, Ed. Gonthier, p.15-16

Aron, Raymond in   Démocratie et totalitarisme, Ed. Gallimard, 1965, Colléction Idées, p.168-186

Dworkin, Ronald in Ética Privada e Igualitarismo Político, Ed. Paidós, p.159-163.

Hobbes, Thomas... de  Malmesbury, In LEVIATÃ ou Matéria,Forma e Poder de um Estado                         Eclesiástico e Civil, Trad. João Paulo Monteiro e Maria Beatriz Nizza da Silva, para o português, Ed.Victor Civita, 1974, 1ª. ed.,cap.XXVIII (in fine).

Kanitz, Stephen in

Milhomens, Lia Pantoja, in Natural and Political Law (monograph, in  and ) “link” Legal Sciences

Rousseau, Jean Jacques, in Du Contrat Social ou Principes du Droit Politique,
    ed.C.E.Vaughan, Manchester, 1947

Vidigal, Edson Carvalho in: TEXEIRA, Sálvio de Figueiredo (Coord.).Direito eleitoral contemporâneo: doutrina e jurisprudência. Belo Horizonte: Del Rey, 2003, p. 76-79.





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